Page:The Green Bag (1889–1914), Volume 21.pdf/358

 A Leading Question By George D. Talbot Author of "A Unique Answer to a Bill in Equity," etc.

ZDUNFORTH & Y. DANFIELD, a • firm of Attorneys and Counselorsat-Law (?) in the early days of Leadville, Colorado, were noted for the uni form success with which they met in trials before Justices of the Peace. Abraham Lincoln Bummell, Daniel Web ster Mansfield or even the late lamented William Wallace Crook, of Denver, shin ing marks as they were in the realm of Shysterdom, could never in their palmiest days trot in the same class with Dunforth and Danfield. Citizens of the mining district gen erally, and especially reputable lawyers, soon learned to know, and were forced to realize that when they had a case before a J. P., the only thing to do was to retain Messrs. D. & D., and the client who reached their office first was con ceded to be the victor and the one slower of foot had left only one re course,—an appeal to the County Court. These worthies waxed rich in purse and portly of body on fat fees, high living and poor whisky, and ever in creased in pomposity and baywindows. Finally, however, they disagreed over the division of fees and dissolved part nership. The mining camp, yea the whole county, breathed freer, easier; litigants could have a fairer show; one could employ Dunforth and the other Danfield, and it was dog eat dog. Finally Dunforth brought a forcible detainer suit for Dennis Moriarty v. Dunfield's client, Olie Olesen, and won the case before the Justice, because

Danfield had won the last case in which they were contestants; the Justice hav ing adopted the equitable rule of giving a victory alternately to each. Danfield promptly took an appeal to the County Court, at that time presided over by a lawyer of the old school, Judge Bunnell, a Missourian, well versed in the law and inclined in his adjudications to brush technicalities aside and give judg ment according to horse sense and what appeared to him to be justice between man and man. Judge Bunnell was a friend of the late Senator O. E. Wolcott, who at that time was counsel for the railroad running from Leadville to Denver, and he kept the Judge well supplied with railroad passes and it was Bunnell's habit to go to Denver every Friday afternoon or evening, arranging his business so that he might spend Saturday and Sunday at the capital and return in time for court Monday morning. It so happened that the case of Moriarty v. Olesen was called Friday morning. Dunforth did not succeed in putting in his evidence in chief until noon, although he, as well as Danfield, had assured the Judge that the case would be concluded by that time. The Judge began to be nervous and restless, fearing that he would not be able to take the afternoon train for Denver, and asked to consent for the case to go over until Monday morning; neither of them, how ever, was willing to postpone it, but